Child's insurance responsibility

[Marnie1128]

Texas: my court order says we will have DD on medicaid, because at time of divorce, her dad's health insurance option for her was too expensive and I wasnt working. The decree states that he is ORDERED to pay $50/month for medical expenses. He has only ever paid his required child support, and never $50 for medical.
In May, we will no longer qualify for Medicaid. I'm wondering who is responsible for her health insurance and what to do next? If I put her on my insurance does he have to pay for it? How do I get the money for insurance if he hasnt even paid the $50/month that has been "ordered" for the last 3 years?

 

[stealth2]

You have your order modified. He may or may not be required to cover some or all of the premiums.

As for the medical expenses he was to help pay for... did you ever file to have him found in contempt for not paying? Were you ordered to provide proof of medical expenses? WERE there medical expenses? I'm sure others will have more questions.

 

[LdiJ]

Texas: my court order says we will have DD on medicaid, because at time of divorce, her dad's health insurance option for her was too expensive and I wasnt working. The decree states that he is ORDERED to pay $50/month for medical expenses. He has only ever paid his required child support, and never $50 for medical.
In May, we will no longer qualify for Medicaid. I'm wondering who is responsible for her health insurance and what to do next? If I put her on my insurance does he have to pay for it? How do I get the money for insurance if he hasnt even paid the $50/month that has been "ordered" for the last 3 years?

What you would need to do is have the child support recalculated/modified to address the fact that you will be providing her health insurance or to require him to provide it. In either scenario the child support would likely change to one degree or another. If its included in his child support payment he won't be able to avoid paying it if his child support is garnished from his pay.

Start talking to your state child support enforcement agency now.

 

[torimac]

Texas is a percentage based on one party income. Sometimes, as appears the case was here, medical costs will be added to that. So for one child, child support is 20% and then there is usually a percentage of medical fees (premiums and expenses) paid by the NCP. The addition of medical fees depends on many factors. According to Texas code ( Texas Family Code 154.064) , the NCP should be providing healthcare if they can purchase it at a reasonable amount.
My order simply stated that my ex had to provide health insurance and pay a percentage of the healthcare costs. Because I would have to report these costs (with all the required paperwork and receipts of course) to the OAG every month so that portion of the order could be enforced, I usually only turned in paperwork for the big stuff. My kid is not the healthiest and I would have spent quite some time doing paperwork. A flat fee would have been nice because, IMHO, it is easier to enforce.

 

[stealth2]

The decree states that he is ORDERED to pay $50/month for medical expenses.

This also raises a question (in my mind) - was that $50 to be paid to OP or the state?

 

[LdiJ]

This also raises a question (in my mind) - was that $50 to be paid to OP or the state?

You make a good point there. Its quite possible that it was to be paid to the state to reimburse the state partially for the Medicaid.

 

[PayrollHRGuy]

Or was it up to $50/month is none covered medical expenses?